2017 Session Laws

CHAPTER 118

(SB 179)

Maximum probationary period for juvenile probationers, revised.


        ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 26-8B-8 be amended to read:

    26-8B-8. The terms and conditions of probation of a child in need of supervision shall be specified by rules or orders of the court and by a court services officer.

    The duration of juvenile probation shall be specified by order of the court but may not exceed four six months unless:

            (1)    The child is placed in the intensive juvenile probation program; or

            (2)    The child's probation is extended as provided under this section.

    If the child is placed on intensive juvenile probation, the duration of probation ordered by the court may be up to eight twelve months.

    If the child is placed on juvenile probation, a court services officer may request two extensions up to four six months each or one extension up to four six months for intensive juvenile probation. The court may authorize the same in accordance with Unified Judicial System procedure if the extension is necessary for the child to complete evidence-based treatment as required by the case plan. If evidence-based treatment is not available, an extension may be granted if the youth is engaged in alternative court-approved treatment that will not be completed before the previously ordered term of probation expires.

    The total duration of probation, including juvenile intensive probation and extensions in all cases, may not exceed twelve eighteen months unless the court provides written authorization to allow a child to complete evidence-based treatment that will not be completed before probation expires. Probation may not be extended solely to collect restitution. If probation is terminated with restitution owing, Unified Judicial System procedure may govern the collection.

    Each child placed on probation shall be given a written statement of the terms and conditions of probation and the probation policy. The terms and conditions, as well as the probation extension policy, shall be explained to the child.

    The court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every four six months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time, but any child who has complied satisfactorily with the terms, conditions, and duration of probation shall be

released from probation and the jurisdiction of the court terminated. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.

    Section 2. That § 26-8C-14 be amended to read:

    26-8C-14. The terms and conditions of probation of a delinquent child shall be specified by rules or orders of the court and by court services officers.

    The duration of juvenile probation shall be specified by order of the court but may not exceed four six months unless:

            (1)    The child is placed in the intensive juvenile probation program; or

            (2)    The child's probation is extended as provided under this section.

    If the child is placed on intensive juvenile probation, the duration of probation upon order by the court may be up to eight twelve months.

    If the child is placed on juvenile probation, a court services officer may request two extensions up to four six months each or one extension up to four six months for intensive juvenile probation. The court may authorize the same in accordance with Unified Judicial System procedure if the extension is necessary for the child to engage in evidence-based treatment as required by the case plan. If evidence-based treatment is not available, an extension may be granted if the youth is engaged in alternative court-approved treatment that will not be completed before the previously ordered term of probation expires.

    The total duration of probation, including juvenile intensive probation and any extension may not exceed twelve eighteen months unless the court provides written authorization to allow a child to complete evidence-based treatment that will not be completed before probation expires. Probation may not be extended solely to collect restitution. If probation is terminated with restitution owing, the Unified Judicial System procedure may govern the collection.

    Each child placed on probation shall be given a written statement of the terms and conditions of probation, and the probation extension policy. The terms and conditions, as well as the probation extension policy, shall be explained to the child.

    The court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every four six months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time, but any child who has complied satisfactorily with the terms, conditions, and duration of probation shall be released from probation and the jurisdiction of the court terminated. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.

     Signed March 28, 2017
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